Welcome to Octascend.
These Terms of Service (“Terms”) govern your use of the Octascend website and the services we provide.
By using our website, requesting our services, approving a proposal, making a payment, or entering into a project with Octascend, you agree to these Terms.
If you do not agree with these Terms, please do not use our website or engage our services.
1. About Octascend
Octascend is a digital services company providing businesses and organizations with digital solutions designed to help them build, market, and grow their businesses.
Our services may include:
- Web Development
- Branding
- Social Media Marketing
- Paid Advertising
- E-commerce Solutions
Specific services, deliverables, timelines, pricing, and requirements will depend on the individual project and will normally be confirmed through a proposal, quotation, agreement, invoice, or written communication.
2. Using Our Website
You may use our website for lawful purposes only.
You agree not to:
- Use the website for fraudulent or unlawful activities
- Attempt to gain unauthorized access to our systems
- Interfere with the security or operation of the website
- Introduce malicious code, viruses, or harmful software
- Copy, reproduce, or exploit our website or content without permission
- Use our website to infringe another person’s rights
- Misrepresent your identity or relationship with Octascend
We reserve the right to restrict access to our website where we reasonably believe it is necessary to protect our website, business, users, or third parties.
3. Our Services
The exact scope of each project is agreed with the client before work begins.
Depending on the project, this may include a defined number of pages, designs, revisions, features, campaigns, integrations, or other deliverables.
Work that falls outside the agreed scope may be treated as additional work and may require a separate quotation or additional fee.
We will communicate significant changes to the project scope before carrying out additional work whenever reasonably possible.
4. Project Process
A typical project may involve:
- Initial consultation or inquiry
- Understanding your requirements
- Proposal or quotation
- Agreement on scope and pricing
- Payment of the required deposit
- Project planning and production
- Client review and feedback
- Revisions within the agreed scope
- Final approval
- Delivery or launch
The exact process may differ depending on the service.
5. Pricing and 50% Deposit
Unless a different arrangement is agreed in writing, projects require a 50% deposit before work begins.
The remaining balance and payment schedule will be communicated before or during the project, depending on the nature of the service.
The deposit confirms your commitment to the project and allows Octascend to allocate time, resources, and production capacity to your work.
Payment methods may vary depending on the client and project. We will provide the appropriate payment instructions before payment is due.
6. Refunds and Cancellation
Because our services involve time, creative work, planning, development, resources, and other work performed specifically for each client, payments are generally non-refundable once work has started.
In particular, the 50% project deposit is generally non-refundable once Octascend has begun work on the project.
If you wish to cancel a project before work begins, please contact us as soon as possible. Any refund or cancellation arrangement will depend on the circumstances and any applicable written agreement.
If Octascend is unable to continue a project for reasons within our control, we will discuss an appropriate resolution with the client based on the work completed and payments made.
7. Client Responsibilities
Successful projects require cooperation from both sides.
You agree to provide information, content, approvals, access, and materials reasonably necessary for us to complete the project.
This may include:
- Business information
- Logos and brand assets
- Images and videos
- Written content
- Product information
- Website access
- Social media or advertising account access
- Domain or hosting information
- Feedback and approvals
You are responsible for ensuring that information and materials you provide are accurate and that you have the necessary rights to use them.
8. Client-Provided Materials
You retain ownership of materials that you provide to us, subject to any rights belonging to third parties.
By providing materials to Octascend, you give us permission to use them as reasonably necessary to perform the agreed services.
You represent that you have the necessary rights, permissions, and authority to provide those materials and authorize us to use them for the project.
Octascend is not responsible for claims arising from materials supplied by a client where the client did not have the necessary rights or permissions.
9. Revisions and Approvals
Our project pricing may include a defined number of revisions depending on the agreed scope.
A revision means a reasonable adjustment to an existing concept or deliverable. A completely new concept, substantial change in direction, or work outside the agreed scope may be treated as additional work.
Clients are responsible for reviewing and approving deliverables within a reasonable period.
Once a deliverable has been approved, substantial changes requested afterward may incur additional charges.
10. Delays and Client Feedback
Project timelines depend partly on the client providing information, content, access, feedback, and approvals on time.
If a client significantly delays required information or approval, the original delivery date may need to be adjusted.
We will make reasonable efforts to keep projects moving and communicate significant delays where appropriate.
11. Intellectual Property
Unless otherwise agreed in writing, ownership of the final custom deliverables created specifically for the client generally transfers to the client after all outstanding project payments have been fully paid.
Until full payment is received, Octascend retains ownership of the relevant unpaid work.
Octascend retains ownership of its pre-existing materials, methods, processes, frameworks, reusable components, templates, know-how, tools, and other materials that were not created exclusively for the client.
Third-party assets, fonts, stock images, plugins, software, platforms, and other licensed materials remain subject to their respective licenses and terms.
12. Portfolio and Marketing Rights
Unless the client requests otherwise in writing before or during the project, Octascend may display completed work in its portfolio, website, social media, presentations, and other marketing materials for the purpose of demonstrating our work.
We will not intentionally disclose confidential information about a client as part of such promotion.
If a project is confidential or should not be publicly displayed, please notify us in writing.
13. Third-Party Services and Platforms
Some projects may rely on third-party platforms or services, including hosting providers, domain registrars, Google services, WhatsApp, Canva, social media platforms, advertising platforms, payment providers, plugins, APIs, or other external technologies.
These services are operated by third parties and may have their own terms, pricing, availability, limitations, and policies.
Octascend cannot guarantee the continued availability, pricing, functionality, or policies of third-party platforms.
Where a third-party service is required for your project, you may be responsible for its subscription, licensing, usage, or ongoing fees unless otherwise agreed.
14. Hosting, Domains, and Subscriptions
Where Octascend purchases or manages hosting, domains, software, subscriptions, or similar services on behalf of a client, the relevant costs and renewal terms will be communicated to the client.
Unless specifically agreed otherwise, clients are responsible for ongoing third-party renewal fees after the period included in their project or package.
Failure to renew a domain, hosting plan, software license, or other required service may affect the availability or functionality of a website or digital service.
15. Website and Digital Marketing Results
We aim to provide professional services and deliver work according to the agreed scope.
However, we do not guarantee specific business results from websites, SEO, social media marketing, paid advertising, branding, or e-commerce services unless a specific written guarantee has been agreed.
For example, advertising performance, website traffic, search rankings, sales, leads, engagement, conversions, and revenue may be affected by factors outside our control.
16. Advertising and Third-Party Platforms
For paid advertising services, results may be affected by factors including:
- Advertising platform policies
- Account restrictions
- Market conditions
- Competition
- Budget
- Audience behavior
- Platform algorithms
- Client offers and pricing
- Website performance
- Product or service demand
Octascend cannot guarantee that an advertising platform will approve, continue, or deliver a particular campaign.
Clients remain responsible for ensuring that their products, services, claims, promotions, and business practices comply with applicable laws and platform policies.
17. Confidentiality
We understand that clients may provide confidential business information during a project.
We will treat information that is clearly identified as confidential, or that would reasonably be understood to be confidential, with appropriate care and will not intentionally disclose it except where necessary to provide the agreed services, where authorized by the client, or where disclosure is required by law.
This does not apply to information that is already publicly available, independently developed, lawfully obtained from another source, or otherwise not confidential.
18. Security and Account Access
Where a project requires access to client accounts, websites, hosting, social media platforms, advertising accounts, or other systems, the client authorizes Octascend to use the provided access only as reasonably necessary to perform the agreed services.
Clients should provide appropriate access rather than unnecessary personal credentials wherever possible.
Clients are responsible for maintaining control over their accounts and should remove Octascend’s access when our services no longer require it.
19. Service Availability
We make reasonable efforts to provide reliable services and maintain our website.
However, we do not guarantee that our website or any digital service will always be available, uninterrupted, error-free, or free from security vulnerabilities.
Temporary interruptions may occur because of maintenance, technical issues, hosting problems, third-party failures, internet connectivity, or circumstances outside our reasonable control.
20. Limitation of Liability
To the extent permitted by applicable law, Octascend will not be responsible for indirect, incidental, special, consequential, or loss-of-profit damages arising from the use of our website or services.
Our liability in relation to a specific project will, to the extent permitted by applicable law, generally be limited to the amount paid by the client to Octascend for that specific project.
Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited.
21. Indemnification
To the extent permitted by applicable law, you agree to protect and hold Octascend harmless from claims, losses, liabilities, or expenses arising from:
- Materials you provide that infringe another person’s rights
- Your unlawful use of our services
- Your violation of these Terms
- Your violation of applicable laws or third-party platform policies
This section does not apply to the extent a claim results from Octascend’s own unlawful conduct or obligations that cannot legally be transferred to a client.
22. Termination
Either party may request termination of a project subject to the terms of the relevant agreement.
Octascend may suspend or terminate services where a client:
- Fails to make required payments
- Provides unlawful or harmful materials
- Repeatedly fails to provide necessary information or approvals
- Abuses or threatens our team
- Uses our services for unlawful purposes
- Materially breaches these Terms or an applicable project agreement
Termination does not automatically cancel amounts already owed for work completed or services provided.
23. Force Majeure
Octascend will not be responsible for delays or failure to perform caused by circumstances beyond our reasonable control.
These circumstances may include major technical failures, internet or hosting outages, natural disasters, government actions, war, civil unrest, widespread service disruptions, cyber incidents, or failures of third-party platforms.
We will make reasonable efforts to resume affected services when circumstances permit.
24. Changes to These Terms
We may update these Terms from time to time.
When changes are made, we will update the “Last Updated” date at the top of this page.
For existing projects, the terms agreed in a separate written proposal, quotation, contract, or project agreement may take precedence where they specifically address the same matter.
25. Governing Law
These Terms will be interpreted in accordance with the applicable laws of Somalia, unless a separate written agreement with the client provides otherwise or applicable law requires a different approach.
Any dispute should first be addressed through good-faith communication between Octascend and the client with the aim of reaching a reasonable resolution.
Nothing in this section prevents either party from exercising rights or remedies that cannot lawfully be waived.
26. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
27. Entire Agreement
These Terms, together with any applicable proposal, quotation, invoice, project agreement, or other written agreement between Octascend and the client, form the understanding governing the relevant services.
Where there is a conflict between these Terms and a specific written project agreement, the specific project agreement will generally control for that project.
28. Contact Us
If you have questions about these Terms or our services, please contact:
Octascend
Email: info@octascend.com
Website: https://octascend.com
We are happy to clarify the scope, pricing, process, and requirements of a project before work begins.